Kenya: Govt Investigating Ocampo Six, Nation Tells ICC
Nairobi — The government says it is investigating the Ocampo Six.
It has dismissed claims by International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo and post-election violence victims that police and judicial reforms in the country could hinder it from trying the six locally.
While defending its admissibility case at the ICC, the government said the elements necessary for success of its complementarity challenge to the court's admissibility are in place, providing it with the right to investigate and prosecute.
Through lawyers Geoffrey Nice and Rodney Dixon, the government dismissed the prosecution's assertions, terming them "not evidence-based and of little or no weight".
The government says that Mr Moreno-Ocampo's claims in his filing dated May 10 regarding Kenya's request for cooperation and access to his evidence were wrong and not corroborated with proof to show that Kenyan authorities had intentions of meddling with witnesses.
"An investigation into the six suspects is under way in a country that has undergone, and is continuing to undergo, reform of police and judicial procedures that have to be accorded respect not just for what they will provide in the future but for what they guarantee now for the due process that will be brought to the investigation and to any trial of any of the six suspects," the document reads.
The government has told the court that the investigations are being led by Commissioner of Police Mathew Iteere.
Mr Iteere has, however, never been approached by the ICC prosecutor to discover what he and his police have been doing, it added.
"Should there be any questions raised about the genuineness of this investigation which covers the six suspects, the commissioner is ready to appear before the Pre-Trial Chamber to confirm and explain the investigative work that is presently being undertaken, the background to this investigation and his commitment to investigate thoroughly all allegations to their conclusion as soon as possible," the response reads.
It further says that Mr Iteere asserts that any evidence once provided to him concerning any of the six suspects would "be acted on immediately, objectively and dispassionately".
Potential witnesses
According to the document, the Kenyan Criminal Investigations Department is seeking the location of potential witnesses for interviews.
"All previous inquiries that have been undertaken are being reviewed for leads and further investigative work," says the government document.
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and is continuing to undergo, reform of police and judicial procedures that have to be accorded respect not just for what they will provide in the future but for what they guarantee now for the due process that will be brought to the investigation
Cortijo's habeas claim invokes the due process requirement that the prosecution in both state and federal cases prove all elements of a criminal offense and persuade the jury of the facts necessary to establish those elements beyond a reasonable doubt.
As we take a closer look at universities' sexual misconduct procedures, however, it is evident that many of them already fail to provide the basic elements of due process and fair procedure to accused students. At Franklin & Marshall College (F&M),
This is because our system of justice — due process of law — requires attorneys to be adverse to one another, arguing the facts and the law to the best of their ability, with neutral independent judges or juries deciding the cases.
Sovereign or so-called political risk rejoins bank risk as a key consideration in a well-devised and well-considered risk assessment and mitigation process, in no small part due to the turmoil that has gripped several countries in the Middle East and
Unjust Sexual Misconduct Policy at Franklin & Marshall College - FIRE
The preponderance of the evidence standard, which would allow universities to punish students for offenses like peer-on-peer sexual harassment and sexual assault if the evidence tips above 50 percent in favor of the accuser/alleged victim, is much lower than "the clear and convincing evidence" standard that many university disciplinary proceedings apply and is nowhere near as protective as the presumption of innocence for criminal defendants in a court of law.
As we take a closer look at universities' sexual misconduct procedures, however, it is evident that many of them already fail to provide the basic elements of due process and fair procedure to accused students. At Franklin & Marshall College (F&M), for example, there is no clear standard of proof applied in sexual misconduct cases unless the administration, in its discretion, decides to refer the matter to a hearing. According to the F&M College Life Manual , when a student brings a formal complaint of sexual misconduct, the complaint is investigated by two members of the Sexual Misconduct Committee. Then,
The Senior Associate Dean of the College and the Chair of the Sexual Misconduct Committee review the report from the investigators. Upon review of the summary, the Senior Associate Dean of the College in consultation with the Chair may assign a sanction if violations of the Student Conduct Code are indicated . The Senior Associate Dean and the Chair may also decide to refer the complaint for a hearing . The Senior Associate Dean will normally refer the complaint for a hearing upon request by either the complainant or respondent. (Emphases added.)
While the policy provides that the dean will "normally" call for a hearing if the accused requests one, it also appears that the dean has complete discretion not to do so. While F&M is a private university and thus not legally bound by constitutional requirements, the college purports to protect students' basic rights, stating that "As citizens, students have the same freedoms other citizens enjoy, and they also carry the same obligations and responsibilities as other citizens.
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